Sittings · Document

DRAFT OPINION (COM(2023)0155 – C90117/2023 – 2023/0083(COD)) 2023-07-19

On the proposal for a directive of the European Parliament and of the Council on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394, Directives (EU) 2019/771 and (EU) 2020/1828

Committee on the Environment, Public Health and Food Safety · Rapporteur: Sunčana Glavak

PA_Legam

SHORT JUSTIFICATION

The Right to repair

Aligned with the European Green Deal and its objective of sustainable consumption and the outcome of the Conference on the Future of Europe (CoFoE), the Commission's proposal for common rules promoting the repair of goods aims to increase the repair of consumer goods.

The Rapporteur took the decision to focus her draft opinion on those parts of the Commission proposal with shared competences for the Environmental Committee.

The Rapporteur supports the right to repair initiative and underlines the need to make the repair of products easier, more convenient and cheaper for consumers, while reducing waste and boosting the repair sector. The draft opinion stresses the business to consumer dimension of the repairs within this proposal and notes the close link with the legislative proposal on Ecodesign Requirements for Sustainable Products, which has just been voted in plenary this July. It lays strong foundation to make repairs easier in the future by introducing for example specific measures regarding early obsolescence and a repair score through Delegated Acts on a product-by-product basis.

The Rapporteur aims to strengthen the right to repair outside of the legal guarantee further, for consumers and for repairers, especially in regards to the availability of the spare parts and transparency of their prices, which is one of key elements in the repair process. This should benefit both sides, supporting repairers in having the appropriate resources for the higher demand of repairs, while giving the accurate information to consumers, notably through the information form and providing more options for repair. More options for repair should entice consumers to shift how they think about repair and thus their behaviour.

The Rapporteur also calls for promoting refurbished goods as an alternative solution when repair is deemed impossible. Furthermore, complementary to the provisions proposed by the Commission, strengthening the culture of repair through awareness raising campaigns will be an important step towards fulfilling the goals of this Directive and in effect have a positive side-effect of going beyond the scope of this Directive. Moreover, further incentives like potential financial incentives that could be made available for consumers and repairers, uplifting the demand for reparability services and establishing the repair as an attractive solution for the consumers could provide an additional boost to encourage consumers to repair their goods and repairers to increase their offers. The online platform and information form are solutions, which should benefit repairers and consumers equally. The information form gives the consumers access to all the relevant information and a possibility to compare different offers for repair, while keeping the competitiveness level between the repairers, which should lead towards a well-developed repair market and with healthy competition based on prices and quality. The Rapporteur recognizes the need for online platforms to be free and user friendly for both consumers and repairers. In addition, the Rapporteur proposes the creation of a main internet portal to be established in each Member State, which should provide access to the national online platform. This portal should act as a one-stop-shop where consumers not only find links to all kinds of repairers but also to consumer information and their legal rights. In addition, a need for strong and targeted awareness raising campaigns is crucial to ensure that the consumers become familiar with the existence of such a portal and online platform.

To create a functioning framework for consumers to improve their right to repair is at the heart of this draft opinion, together with supporting the business sector and SMEs, while further developing the repair market, all of which is bringing the Union one step closer to the goal of climate neutrality.

AMENDMENTS

The Committee on the Environment, Public Health and Food Safety calls on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take the following into account:

Amendment 1

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8) The consumer’s free choice to decide by whom to have its goods repaired should be facilitated by requesting the European Repair Information Form not only from the producer, but also from the seller of the goods concerned or from independent repairers, where applicable. Repairers should provide the European Repair Information Form only where the consumer requests that form and the repairer intends to provide the repair service or it is obliged to repair. A consumer may also choose not to request the European Repair Information Form and to conclude a contract for the provision of repair services with a repairer pursuant to pre-contractual information provided by other means in accordance with Directive 2011/83/EU of the European Parliament and the Council.15

(8) The consumer’s free choice to decide by whom to have its goods repaired should be facilitated by requesting the European Repair Information Form not only from the producer, but also from the seller of the goods concerned or from independent and professional repairers, where applicable. Repairers should provide the European Repair Information Form only where the consumer requests that form and the repairer intends to provide the repair service or it is obliged to repair. A consumer may also choose not to request the European Repair Information Form and to conclude a contract for the provision of repair services with a repairer pursuant to pre-contractual information provided by other means in accordance with Directive 2011/83/EU of the European Parliament and the Council15.

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15 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (Text with EEA relevance) (OJ L 304, 22.11.2011, p. 64–88).

Or. en

Amendment 2

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12) Since the obligation to repair imposed on producers under this Directive covers defects that are not due to the non-conformity of the goods with a sales contract, producers may provide repair against a price paid by the consumer, against another kind of consideration, or for free. The charging of a price should encourage producers to develop sustainable business models, including the provision of repair services. Such a price may take into account, for instance, labour costs, costs for spare parts, costs for operating the repair facility and a customary margin. The price for and the conditions of repair should be agreed in a contract between the consumer and the producer and the consumer should remain free to decide whether that price and those conditions are acceptable. The need for such a contract and the competitive pressure from other repairers should encourage producers who are obliged to repair to keep the price acceptable for the consumer. The repair obligation may also be performed for free when the defect is covered by a commercial guarantee, for instance, in relation to guaranteed durability of goods.

Or. en

Amendment 3

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council16 , according to which producers should provide access to spare parts, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means, apply. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers. As a consequence, the consumer can select a repairer of its choice.

(14) The requirements laid down in delegated acts adopted pursuant to Regulation [on the Ecodesign for Sustainable Products] or implementing measures adopted pursuant to Directive 2009/125/EC of the European Parliament and of the Council16 apply. According to those requirements, producers should provide access to spare parts, including original spare parts, to repairers and consumers, repair and maintenance information or any repair related software tools, firmware or similar auxiliary means for reasonable and non-discriminatory prices, taking into account the protection of sensitive information and business secrets. Those requirements ensure the technical feasibility of repair, not only by the producer, but also by other repairers. As a consequence, the consumer can select a repairer of its choice.

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16 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) (Text with EEA relevance) (OJ L 285, 31.10.2009, p. 10–35).

Or. en

Amendment 4

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18) While this Directive imposes the obligation to repair on the producer, it also facilitates consumer choice of repair services from other repairers. This choice should in particular be facilitated by requesting the European Repair Information Form not only from the producer but also other repairers like the seller or independent repairers or by searching via the online repair platform. As consumers would need to pay for the repair, they are likely to compare repair opportunities in order to choose the most suitable repair services for their needs. Thus, it is likely they approach independent repairers in their proximity or the seller before reaching out to producers which may for instance be located at a greater distance and for which the price could be higher due to transportation costs.

(18) While this Directive imposes the obligation to repair on the producer, it also facilitates consumer choice of repair services from other repairers. This choice should in particular be facilitated by requesting the European Repair Information Form not only from the producer but also other repairers like the seller or independent and professional repairers or by searching via the online repair platform. As consumers would need to pay for the repair, they are likely to compare repair opportunities in order to choose the most suitable repair services for their needs. Thus, it is likely they approach independent and professional repairers in their proximity or the seller before reaching out to producers which may for instance be located at a greater distance and for which the price could be higher due to transportation costs.

Or. en

Amendment 5

Proposal for a directive

Recital 19 a (new)

Text proposed by the Commission

Amendment

(19a) When repair is impossible, as referred to in Directive (EU) 2019/771, a producer should have the possibility to provide a refurbished good as an alternative to repair.

Or. en

Amendment 6

Proposal for a directive

Recital 24

Text proposed by the Commission

Amendment

(24) The search function based on products may refer to the product type or brand. Since repairers cannot know the specific defect before a request to repair has been made, it is sufficient that they provide on the online platform generic information on key elements of repair services to enable consumers to decide whether to repair the good in question, in particular the average time to complete repair, the availability of temporary replacement goods, the place where the consumer hands over the goods for repair and the availability of ancillary services. Repairers should be encouraged to regularly update their information on the online platform. In order to build consumer confidence in the repair services available on the online platform, repairers should be able to demonstrate their adherence to certain repair standards.

Or. en

Amendment 7

Proposal for a directive

Recital 24 a (new)

Text proposed by the Commission

Amendment

(24a) Each Member State should establish a main internet portal, acting as a one-stop-shop in a consumer-friendly manner, which provides access, free of charge, to the national online platform or platforms and information concerning repair, including consumers’ legal rights. Easy access to the online platform will play an important part to help change the culture of repair in the Union. In addition, Member States and the Commission should ensure that targeted awareness raising campaigns, which are crucial to ensure that the consumers become familiar with the existence of such a portal and online platform, are organised.

Or. en

Amendment 8

Proposal for a directive

Recital 26

Text proposed by the Commission

Amendment

(26) In order to promote sustainable consumption of goods in situations outside the liability of the seller, the online platform should also promote goods subject to refurbishment as an alternative to repair or to buying new goods. To that end, the online platform should include a functionality allowing consumers to find sellers of goods subject to refurbishment or businesses buying defective goods for refurbishment purposes, in particular by enabling a search function per product category. Such sellers of goods subject to refurbishment or purchasers of defective goods for refurbishment should have access to the platform based on the same principles and technical specifications applicable to the repair functionality.

Or. en

Amendment 9

Proposal for a directive

Recital 32 a (new)

Text proposed by the Commission

Amendment

(32a) This Directive should focus on the business-to-consumer dimension of the repairs, within the framework of the Union legal acts listed in Annex II.

Or. en

Amendment 10

Proposal for a directive

Recital 33 a (new)

Text proposed by the Commission

Amendment

(33a) Fostering reparability at Union level requires a smart mix of measures that is not exclusively rule-based. This Directive should be accompanied by other initiatives to counter the skills shortage to ensure that reparability services within the Union can be provided in the future.

Or. en

Amendment 11

Proposal for a directive

Recital 33 b (new)

Text proposed by the Commission

Amendment

(33b) Additional incentives may be considered necessary, therefore Member States should explore measures such as lower VAT rates, repair vouchers or reduced taxes on services and labour in order to further incentive customers to opt for a good being repaired instead of replaced. In addition, Member States should pay particular attention to micro, small and medium sized enterprises as their businesses are a vital part of the repair chain.

Or. en

Amendment 12

Proposal for a directive

Recital 33 c (new)

Text proposed by the Commission

Amendment

(33c) Consumer behaviour is shaped by a wide variety of aspects. When choosing between repair and new purchase, decision criteria such as economic efficiency, durability, proximity of a repair service, and the time required play an important role. In addition to the provisions laid out in this Directive, awareness-raising measures for a culture of repair, improving consumers’ knowledge about proper cleaning and care of products, and improving consumers’ knowledge about the existing rights concerning legal guarantees should be strengthened to boost the demand for reparability services.

Or. en

Amendment 13

Proposal for a directive

Article 2 – paragraph 1 – point 2

Text proposed by the Commission

Amendment

2. ‘repairer’ means any natural or legal person who, related to that person’s trade, business, craft or profession, provides a repair service, including producers and sellers that provide repair services and repair service providers whether independent or affiliated with such producers or sellers;

Or. en

Amendment 14

Proposal for a directive

Article 4 – paragraph 4 – point e a (new)

Text proposed by the Commission

Amendment

(ea) the price of the spare parts needed for the repair;

Or. en

Amendment 15

Proposal for a directive

Article 5 – paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that upon the consumer’s request, the producer shall repair, for free or against a price or another kind of consideration, goods for which and to the extent that reparability requirements are provided for by Union legal acts as listed in Annex II. The producer shall not be obliged to repair such goods where repair is factually or legally impossible. When a repair is impossible, the producer may replace a good with a refurbished good. The producer may sub-contract repair in order to fulfil its obligation to repair. The producer may provide the consumer with a replacement or a refurbished good for the duration of the repair.

Or. en

Amendment 16

Proposal for a directive

Article 5 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Producers shall not refuse to service a device that has been bought or previously repaired outside of their authorised service or distribution networks.

Or. en

Amendment 17

Proposal for a directive

Article 5 – paragraph 3

Text proposed by the Commission

Amendment

3. Producers shall ensure that independent repairers have access to spare parts and repair-related information and tools in accordance with the Union legal acts listed in Annex II.

3. Producers shall ensure that independent and professional repairers, and when appropriate end-users, have access to spare parts, including original spare parts, and repair-related information and tools, at a reasonable and non-discriminatory price, in accordance with the Union legal acts listed in Annex II without prejudice to the protection of sensitive information and business secrets provided for in Directive (EU) 2016/943 of the European Parliament and of the Council1a.

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1a Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).

Or. en

Amendment 18

Proposal for a directive

Article 7 – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) include search functions regarding goods, location of repair services, repair conditions, including the time needed to complete the repair, the availability of temporary replacement goods and the place where the consumer hands over the goods for repair, availability and conditions of ancillary services, including removal, installation and transportation, offered by repairers, and applicable European or national quality standards;

(a) include search functions regarding goods, location of repair services, repair conditions, including the time needed to complete the repair, the availability of temporary replacement goods and the location where the consumer hands over the goods for repair, availability and conditions of ancillary services, including removal, installation and transportation, offered by repairers, and applicable European or national quality standards;

Or. en

Amendment 19

Proposal for a directive

Article 7 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

(da) allow consumers to rate repairers, provided that a contract has been concluded between the repairer and the consumer;

Or. en

Amendment 20

Proposal for a directive

Article 7 – paragraph 1 – point f a (new)

Text proposed by the Commission

Amendment

(fa) be user-friendly and intuitive for consumers:

Or. en

Amendment 21

Proposal for a directive

Article 7 – paragraph 1 – point f b (new)

Text proposed by the Commission

Amendment

(fb) ensure that the information is easily accessible and up-to-date.

Or. en

Amendment 22

Proposal for a directive

Article 7 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall ensure that the online platform also includes a search function by product category to find sellers of goods subject to refurbishment and purchasers of defective goods for refurbishment.

Or. en

Amendment 23

Proposal for a directive

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3. Registration on the online platform for repairers, as well as for sellers of goods subject to refurbishment and for purchasers of defective goods for refurbishment, shall be voluntary. Member States shall determine the access to the platform in accordance with Union law. The use of the online platform shall be free of charge for consumers.

Or. en

Amendment 24

Proposal for a directive

Article 7 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. Member States shall not be obliged to provide for a new platform where a national platform already exists that meets the conditions set out in this article.

Or. en

Amendment 25

Proposal for a directive

Article 7 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3b. Member States shall establish a national internet portal through which members of the public can access free of charge the online platform as established in accordance with paragraph 1. Member States shall ensure that the portal provides an overview of Union and national repair related information in a consumer-friendly manner, including an overview of consumers’ legal rights concerning the repair of a product.

Or. en

Amendment 26

Proposal for a directive

Article 7 – paragraph 3 c (new)

Text proposed by the Commission

Amendment

3c. Member States and the Commission shall take appropriate measures to ensure that consumers are aware of the existence and informed about the services offered by the online platform and the internet portal, including through targeted and comprehensive awareness raising campaigns.

Or. en

Amendment 27

Proposal for a directive

Article 8 a (new)

Text proposed by the Commission

Amendment

Article 8a

Evaluation

1. By … [5 years after the entry into force of this Directive], the Commission shall carry out an evaluation of this Directive and in particular assess its impact, on the proper functioning of the internal market, the level of consumer protection, its impact on businesses, including micro, small and medium enterprises and the improvement of the sustainable consumption of products. The Commission shall draw up a report on the its main findings and submit it to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions. The report shall be accompanied, where appropriate, by a legislative proposal and impact assessment.

Or. en

Amendment 28

Proposal for a directive

Article 8 b (new)

Text proposed by the Commission

Amendment

Article 8b

Additional incentives for repair

1. Member States shall ensure that appropriate measures to prompt repair are considered, including financial incentives.

2. Member States shall ensure that appropriate measures are taken to help micro, small and medium sized enterprises within the meaning of Commission Recommendation 2003/362/EC1a to apply the requirements set out in this Directive.

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1a Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

Or. en

Amendment 29

Proposal for a directive

Annex I – Table 2 – Row 7 a (new)

Text proposed by the Commission

Amendment

Price of the spare parts needed for the repair

[In EUR/national currency]

Or. en

Justification

Indications between square brackets provide explanations for the repairer and must be replaced with the corresponding information.

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the draft report:

Entity and/or person

APPLiA - Home Appliance Europe

Back Market

BEUC (The European Consumer Organisation)

BUSINESSEUROPE

DIGITALEUROPE

EUREFAS - the European refurbishment association

The Right to Repair Europe

SMEunited